Francis L. Wellman

Name: The Art of Cross-Examination — Chapter 6
Author: Francis L. Wellman

The Art of Cross-Examination — Chapter 6 (1903)

Summary

“The Art of Cross-Examination — Chapter 6”, published in 1903, is a work by Francis L. Wellman. It explores elements such as witness, examination and answers.

Quotes from The Art of Cross-Examination — Chapter 6 (Francis L. Wellman)

Francis L. Wellman, The Art of Cross-Examination — Chapter 6 (1903)

“ Some witnesses, under this style of examination, lose their tempers completely, and if the examiner only keeps his own and puts his questions rapidly enough, he will be sure to lead the witness into such a web of contradictions as entirely to discredit him with any fair-minded jury. A witness, in anger, often forgets himself and speaks the truth. His passion benumbs his power to deceive. Still another sort of witness displays his temper on such occasions by becoming sullen; he begins by giving evasive answers, and ends by refusing to answer at all. ”

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Source: Wikisource

Francis L. Wellman, The Art of Cross-Examination — Chapter 6 (1903)

“ Nothing can be more important than to close your examination with a triumph. So many lawyers succeed in catching a witness in a serious contradiction; but, not satisfied with this, go on asking questions, and taper off their examination until the effect upon the jury of their former advantage is lost altogether. "Stop with a victory" is one of the maxims of cross-examination. If you have done nothing more than to expose an attempt to deceive on the part of the witness, you have gone a long way toward discrediting him with your jury. ”

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Source: Wikisource

Francis L. Wellman, The Art of Cross-Examination — Chapter 6 (1903)

“ Much depends upon the sequence in which one conducts the cross-examination of a dishonest witness. You should never hazard the important question until you have laid the foundation for it in such a way that, when confronted with the fact, the witness can neither deny nor explain it. One often sees the most damaging documentary evidence, in the form of letters or affidavits, fall absolutely flat as exponents of falsehood, merely because of the unskilful way in which they are handled. ”

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Source: Wikisource

Francis L. Wellman, The Art of Cross-Examination — Chapter 6 (1903)

“ If he is not telling the truth, and answering from memory and associated ideas rather than from imagination, he will never be able to invent his answers as quickly as you can frame your questions, and at the same time correctly estimate the bearing his present answer may have upon those that have preceded it. If you have the requisite skill to pursue this method of questioning, you will be sure to land him in a maze of self-contradictions from which he will never be able to extricate himself. ”

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Source: Wikisource

Francis L. Wellman, The Art of Cross-Examination — Chapter 6 (1903)

“ Some witnesses, though unwilling to perjure themselves, are yet determined not to tell the whole truth if they can help it, owing to some personal interest in, or relationship to, the party on whose behalf they are called to testify. If you are instructed that such a witness (generally a woman) is in possession of the fact you want and can help you if she chooses, it is your duty to draw it out of her. ”

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Source: Wikisource

Francis L. Wellman, The Art of Cross-Examination — Chapter 6 (1903)

“ Select the weakest points of his testimony and the attendant circumstances he would be least likely to prepare for. Do not ask your questions in logical order, lest he invent conveniently as he goes along; but dodge him about in his story and pin him down to precise answers on all the accidental circumstances indirectly associated with his main narrative. As he begins to invent his answers, put your questions more rapidly, asking many unimportant ones to one important one, and all in the same voice. ”

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Source: Wikisource

Francis L. Wellman, The Art of Cross-Examination — Chapter 6 (1903)

“ If you put the direct question to her at once, you will probably receive a "don't remember" answer, or she may even indulge her conscience in a mental reservation and pretend a willingness but inability to answer. You must approach the subject by slow stages. ”

Francis L. Wellman

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Quotes from The Art of Cross-Examination — Chapter 6 (Francis L. Wellman)

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